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(a) An operator may not fell a tree into or remove a tree or vegetative debris from anadromous fish waters catalogued under AS 41.14.870 without the prior written approval of the deputy commissioner, or into or from other surface waters, without giving prior notice to the division. A tree felled into surface waters containing fish must provide fish passage in accordance with AS 41.14.840 .
(b) If a tree is felled into fish-bearing surface waters not catalogued under AS 41.14.870 , the operator shall remove the limbs and other small debris within 48 hours, and shall remove the bole as soon as the necessary equipment is at the site.
(c) If a tree is felled into nonfish-bearing surface or standing waters, the operator shall remove the tree and its debris at the earliest feasible time, to the extent necessary to avoid degradation of water quality.
(d) An operator may not buck or limb a tree or any portion of a tree lying between the banks of surface waters, except as necessary to remove the bole, limbs, or small debris from the water as required by 11 AAC 95.290(e) or this section.
(e) If feasible, an operator
(1) may not fell a tree into a riparian timber retention area; and
(2) shall fell a tree in a direction that minimizes damage to trees retained in a partial cut.
(f) A requirement of (a) or (b) of this section will, in the division's discretion, be waived if the division, with due deference to the deputy commissioner, requests that the material deposited in a water body remain to benefit fish resources.
History: Eff. 6/10/93, Register 126
Authority: AS 41.17.010
Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney made technical changes to 11 AAC 95.355, to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources.
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Last modified 7/05/2006